3.3 Additional remarks on the reference to Section 296 paragraph three and Section 298
The statement in Section 309 paragraph one second sentence, that Section 296 paragraph three and Section 298 shall apply, requires some comments, in view of the fact that the contract evidenced by the sea way bill is a relationship governed by Chapter 13 (Section 252, se above in 3.1).
Section 296 deals with the contents of the bill of lading: in paragraph one there are 13 required items listed, and the inclusion of further requirements follows from paragraph two. These requirements do not apply to the sea way bill; what must be included therein appears from Section 308 paragraph one. Section 296 paragraph three states that the bill of lading must be “signed by the carrier or a person acting on behalf of the carrier”, and the reference in Section 308 makes it clear that the sea way bill shall also be signed.
Section 296 paragraph one item 1 states that the bill of lading must contain information on the goods: “the nature of the goods, including their dangerous properties, the necessary identification marks, the number of packages or pieces and the weight or otherwise expressed quantity of the goods”. When the shipper has supplied such information, Section 298 imposes a duty on the carrier to “check the accuracy of the information”. A similar duty applies in respect of information in the sea way bill, but here it should be noted that Section 309 describes the required information in vague words: “statements on the goods received”.